劳动关系是基础性的社会关系,是社会稳定的基石。在现行的《劳动合同法》的规定下,将劳动合同合同生效时间与劳动关系建立时间进行了分离。笔者将在下文中,分析将劳动合同生效与劳动关系分离的现实理由,指出其中的利弊,并具体论证为何要将劳动合同生效和劳动关系建立相统一。 Labor relations are basic social relations and the cornerstone of social stability. Under the current “Labor Contract Law”, the time when the contract of labor contract came into effect was separated from the time when the labor relation was established. In the following, the author will analyze the practical reasons for separating the labor contract from the labor relations, point out the pros and cons of the labor contract and explain why the labor contract should take effect and establish the labor relations.